Humanitext Reader

Justinian I · The Digest of Justinian §43.1.4.pr

Actions for Enrichment after Expiry of Annual Interdicts

Passage 7031 of 9271 · Latin

Summary

The jurist Sabinus replies that, regarding interdicts limited to one year, any action granted after the expiration of that year must be restricted only to what has actually reached the defendant.

[PAULUS libro sexagensimo septimo ad edictum. ] §43.1.4.prEx quibus causis annua interdicta sunt, ex his de eo, quod ad eum cum quo agitur peruenit, post annum iudicium dandum Sabinus respondit.
[PAULUS, on the Edict, book sixty-seven.] Sabinus replied that, from those causes of action for which interdicts are limited to a year, an action should be granted after the year only for that which has come to the hands of the person against whom the action is brought.

Notes

  1. 43.1.4.priudicium dandum — This is an accusative-with-infinitive construction (indirect speech) introduced by the main verb `respondit`, with `esse` omitted in the gerundive `dandum [esse]`, where `iudicium` serves as the subject accusative.
  2. 43.1.4.prcum quo agitur — The relative pronoun `quo` refers back to `eum`. The passive `agitur` is used impersonally or passively in a legal sense ('action is brought against someone'), so the phrase as a whole refers to the defendant (the person against whom the action is brought).
  3. 43.1.4.prEx quibus causis... ex his — A correlative construction where the relative clause containing the relative adjective `quibus` precedes the main clause, and is picked up by the demonstrative pronoun `his` in the main clause ('from which causes... from these...').

Cite this passage

Justinian I, The Digest of Justinian §43.1.4.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:43.1.4.pr

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